Common use of Benefits Unfunded Clause in Contracts

Benefits Unfunded. All rights under this Agreement of Executive and his spouse, Beneficiary or other beneficiary under the plans, shall at all times be entirely unfunded, and no provision shall at any time be made with respect to segregating any assets of Employer for payment of any amounts due hereunder. None of Executive, his spouse, Beneficiary or any other beneficiary under the plans shall have any interest in or rights against any specific assets of Employer, and Executive and his spouse, Beneficiary or other beneficiary shall have only the rights of a general unsecured creditor of Employer. Notwithstanding the preceding provisions of this Section, the Officer Nominating and Compensation Committee of the Board of Directors of Employer, in its discretion, shall have the right, at any time and from time to time, to cause amounts payable or potentially payable to Executive or his Beneficiary hereunder to be paid to the trustee of a Rabbi Trust or any similar trust to be established by Employer (“Trust”).

Appears in 3 contracts

Samples: Change in Control and Termination Agreement (Modine Manufacturing Co), Change in Control and Termination Agreement (Modine Manufacturing Co), Change in Control and Termination Agreement (Modine Manufacturing Co)

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Benefits Unfunded. All rights under this Agreement of Executive and his spouse, Beneficiary or other beneficiary under the plansRetirement Plans, shall at all times be entirely unfunded, and no provision shall at any time be made with respect to segregating any assets of Employer for payment of any amounts due hereunder. None of Executive, his spouse, Beneficiary or any other beneficiary under the plans Retirement Plans shall have any interest in or rights against any specific assets of Employer, and Executive and his spouse, Beneficiary or other beneficiary shall have only the rights of a general unsecured creditor of Employer. Notwithstanding the preceding provisions of this Section, the Officer Nominating and Compensation Committee of the Board of Directors of Employer, in its discretion, shall have the right, at any time and from time to time, to cause amounts payable or potentially payable to Executive or his Beneficiary hereunder to be paid to the trustee of a Rabbi Trust or any similar trust to be established by Employer ("Trust").

Appears in 2 contracts

Samples: Control and Termination Agreement (Modine Manufacturing Co), Control and Termination Agreement (Modine Manufacturing Co)

Benefits Unfunded. All rights under this Agreement of ----------------- Executive and his spouse, Beneficiary or other beneficiary under the plansRetirement Plans, shall at all times be entirely unfunded, and no provision shall at any time be made with respect to segregating any assets of Employer for payment of any amounts due hereunder. None of Executive, his spouse, Beneficiary or any other beneficiary under the plans Retirement Plans shall have any interest in or rights against any specific assets of Employer, and Executive and his spouse, Beneficiary or other beneficiary shall have only the rights of a general unsecured creditor of Employer. Notwithstanding the preceding provisions of this Section, the Officer Nominating and Compensation Committee of the Board of Directors of Employer, in its discretion, shall have the right, at any time and from time to time, to cause amounts payable or potentially payable to Executive or his Beneficiary hereunder to be paid to the trustee of a Rabbi Trust or any similar trust to be established by Employer ("Trust").

Appears in 2 contracts

Samples: Control and Termination Agreement (Modine Manufacturing Co), Change in Control and Termination Agreement (Modine Manufacturing Co)

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Benefits Unfunded. All rights under this Agreement of Executive and his spouse, Beneficiary or other beneficiary under the plansRetirement Plans, shall at all times be entirely unfunded, and no provision shall at any time be made with respect to segregating any assets of Employer for payment of any amounts due hereunder. None of Executive, his spouse, Beneficiary or any other beneficiary under the plans Retirement Plans shall have any interest in or rights against any specific assets of Employer, and Executive and his spouse, Beneficiary or other beneficiary shall have only the rights of a general unsecured creditor of Employer. Notwithstanding the preceding provisions of this Section, the Officer Nominating and Compensation Committee of the Board of Directors of Employer, in its discretion, shall have the right, at any time and from time to time, to cause amounts payable or potentially payable to Executive or his Beneficiary hereunder to be paid to the trustee of a Rabbi Trust or any similar trust to be established by Employer ("Trust"). 12.

Appears in 1 contract

Samples: Change in Control and Termination Agreement (Modine Manufacturing Co)

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